Public Policy

  • July 28, 2026

    Flawed NLRB Protections Can't Stop Case, Texas Judge Says

    National Labor Relations Board members' and judges' job protections are unconstitutional, but these flaws don't block the agency from prosecuting labor violations, a Texas federal judge said in a decision splitting with a recent ruling from a different district.

  • July 28, 2026

    Contempt Bid Denied In Guatemalan Kids Removal Order Case

    A D.C. federal judge rejected a bid to hold immigration officials in contempt for allegedly violating a court order prohibiting the removal of unaccompanied Guatemalan children, finding no evidence of any of the children actually being deported.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    Trade Court OKs Canadian Lumber Duties Recalculation

    The U.S. Department of Commerce appropriately applied a new price differential test to calculate slight alterations of antidumping duties on Canadian softwood lumber exporters, the U.S. Court of International Trade ruled.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Calif. Judge Won't Toss Challenge To Homeless Camp Sweeps

    A California federal judge partially tossed a proposed class action challenging homeless camp sweeps conducted by California's Department of Transportation and local police working for San Diego County, the city of Santee and the city of Lakeside, but allowed many of the claims to proceed.

  • July 28, 2026

    Humanoids, Other Robotics Added To FCC's Nat'l Security List

    The Federal Communications Commission said Tuesday that humanoids and other advanced robotics newly produced in foreign countries will be included on the "covered list" of products restricted from U.S. importation and marketing.

  • July 28, 2026

    Pa. Panel Narrows Test For Tax Exemption On Charities' Land

    A Pennsylvania appeals court panel held Tuesday that the Salvation Army was wrongly denied a real estate tax exemption for an outdoor retreat by the organization, saying that the entire property was operated in keeping with the group's charitable mission.

  • July 28, 2026

    ICE Facility's Appointed Monitor Reports Medical Neglect

    U.S. Immigration and Customs Enforcement is failing to comply with a California federal judge's preliminary injunction order requiring it to provide an adequate healthcare system at a detention center in the western Mojave Desert, according to a report from a court-appointed monitor.

  • July 28, 2026

    Connecticut's ICE Arrest 'Obstacles' Can't Stand, Feds Say

    A Connecticut state law and a local executive order that limit cooperation with immigration authorities are preempted by acts of Congress and must be struck down, the U.S. government told a federal court.

  • July 28, 2026

    Ga. Justice Hopefuls Say Watchdog Violates Their Free Speech

    Two unsuccessful candidates for seats on the Georgia Supreme Court are urging a Georgia federal court to keep their suit alive, arguing that the state's judicial watchdog violated their freedom of speech when it publicly accused them of violating ethics rules days before the May election.

  • July 28, 2026

    Ex-FCC Officials Call Agency's ABC Station Probe 'Retaliatory'

    Several former top officials at the Federal Communications Commission called on FCC Chair Brendan Carr on Tuesday to abandon an early review of eight Disney-owned ABC stations' licenses, calling the action a "grave violation" of federal law and free speech protections.

  • July 28, 2026

    High Court Asked To Take Another Settled Expectations Case

    E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue.

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    Mich. Jury Rejects Student's Title IX Claim

    A Michigan federal jury found Tuesday that a Ypsilanti, Michigan, school district had actual knowledge of harassment reported by a student but concluded the alleged conduct was not severe and pervasive enough to trigger liability under Title IX, returning a verdict for the defense after fewer than two hours of deliberations. 

  • July 28, 2026

    340B Appellate Cases To Watch In The 2nd Half Of 2026

    Drugmakers are pressing appellate judges in the back half of 2026 to strike down state laws blocking them from restricting 340B contract pharmacy arrangements. Law360 Healthcare Authority has the cases to watch.

  • July 28, 2026

    Teva Can't 'Literally Whine' Of Being Held To DOJ Admissions

    A Pennsylvania federal judge has taken Teva to task for trying to avoid being held to its admissions of price-fixing in a $225 million settlement with the U.S. Department of Justice, ruling that Humana can use those admissions in one of the first bellwether trials in sprawling multidistrict litigation.

  • July 28, 2026

    Feds Say Ethiopian TPS Suit Rehashes Unreviewable Claims

    The Trump administration urged a Massachusetts federal court to toss an amended lawsuit challenging its revocation of Ethiopia's temporary protected status designation, leaning on the U.S. Supreme Court's recent ruling allowing it to terminate TPS for Haiti and Syria.

  • July 28, 2026

    Commerce Establishes Tariff Offsets For Domestic Engines

    Domestic manufacturers of engines for cars and medium- and heavy-duty trucks are now eligible for tariff offsets for sectoral duties placed on imported parts, the U.S. Department of Commerce said Tuesday.

  • July 28, 2026

    Tribal Nonprofit Says Feds Wrongly Denied Washeteria Funds

    An Indigenous Alaskan corporation is suing the United States and Health and Human Services officials after it says they unlawfully rejected a funding agreement that would allow it to help provide access to clean drinking water, personal hygiene and healthcare services to rural villages and the city of Wales.

  • July 28, 2026

    Brazil Files Complaint At WTO Against US Tariffs

    The Brazilian government filed a complaint at the World Trade Organization against U.S. tariffs placed on Brazilian goods, arguing that the measures run afoul of global trade rules, it said Monday evening. 

  • July 28, 2026

    Ex-DOJ Officer Returns To Direct Tax Appeals Branch

    The former chief of the appeals section of what was once the Tax Division of the U.S. Department of Justice has returned to the agency to helm the appellate arm of the department's newly named civil tax branch, she announced.

  • July 28, 2026

    EU To Apply Antidumping Duties On Chinese Yarn

    Polyamide yarns from China entering the European Union will face antidumping duties ranging from 60% to just over 67%, the European Commission announced Tuesday.

  • July 27, 2026

    Albertsons Opioid Trial Told Of Needles, ODs In Library

    A witness in Washington's case accusing Albertsons Cos. Inc. of fueling the state's opioid crisis testified at a bench trial Monday that problem drug use was evident in a city library system she's led for nearly a decade, pointing to syringes scattered across the facility and multiple instances of overdoses.

  • July 27, 2026

    NY AG Says States Must Have Power To Police Crypto, Ethics

    New York Attorney General Letitia James called on federal lawmakers Monday to amend a pending proposal to regulate crypto markets to give states more latitude to protect consumers, go after scammers and hold government officials like the president accountable for profiting from the industry.

Expert Analysis

  • Ch. 11 Ruling Raises Bar For Avoiding Default Interest

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    Following a New York bankruptcy court's recent decision in 33 Mako, solvent debtors may find it significantly harder to avoid paying contractual default interest to oversecured lenders under Section 506(b) of the Bankruptcy Code, say attorneys at Benesch.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • 'Mobile' Sources For On-Site Generation May Be A Risky Bet

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    The U.S. Environmental Protection Agency is considering treating large on-site generators used at data centers as mobile rather than stationary sources under the Clean Air Act, a significant policy change that would leave developers that adopt this solution at risk of regulatory reversals, say attorneys at Ballard Spahr.

  • AI Investment Advice May Fail Investor Protection Rules

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    Based on an ongoing study of artificial intelligence platforms' investment advice given to retail investors, direct access to AI may not yield recommendations for typical households that are suitable under relevant securities rules, raising new and important issues in the regulation of financial markets, says Bruce Carlin at Rice University.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • AG Watch: Reconciling 2 Maryland Data Privacy Statutes

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    In-house counsel should map the interplay between the Maryland Online Data Privacy Act's strictly necessary standard to deliver a requested service, and the Protection From Predatory Pricing Act's exemption of consent-based pricing within loyalty programs, before the state attorney general begins enforcement on the latter in October, says Erek Barron at Mintz.

  • EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

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    The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.

  • New Cuba Sanctions Raise Risks For Foreign Banks, Cos.

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    President Donald Trump's bold move leveling secondary sanctions against Cuba expands enforcement risk for foreign banks and companies with no U.S. nexus, signaling that non-U.S. businesses should reassess related transactions, counterparties and exposure as regulators test this broader authority, say attorneys at Troutman.

  • SEC Clarifies 'Baby Shelf' Restrictions For Small Cos.

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    For smaller public companies looking to access the capital markets, the so-called baby shelf requirements can be a significant limitation, but recent guidance from the U.S. Securities and Exchange Commission helps to alleviate the effect of subsequent baby shelf restrictions on an at-the-market facility, say attorneys at Faegre Drinker.

  • Nexstar Offers A Cautionary Tale On State-Level Deal Scrutiny

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    State-enforcement challenges to the $6.2 billion Nexstar-Tegna merger remind legal practitioners that federal approval isn't always sufficient to deliver certainty on closing, integration and timetable assumptions, says Brett Story at Britehorn Securities.

  • How 'Bundling' Enforcement Is Parsing Efficiency, Access

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    Recent antitrust enforcement actions have taken a selective view of companies' bundling of products or services — challenging it when it shuts out rivals, but tolerating it when it creates efficient scale — making the real test now less about lower prices than about whether competition is being blocked, says attorney Alan Kusinitz.

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